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(영문) 대구지방법원 2002.10.01 2002노2631
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The judgment below

58 days of detention before pronouncement.

Reasons

Considering the circumstances leading to the crime of this case, the degree of damage, the defendant's mistake is divided, and the sentencing conditions under Article 51 of the Criminal Act, such as the age of the defendant, the sentence imposed by the court below against the defendant is unfair, and therefore the defendant's appeal pointing this out is justified. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment below is again ruled as follows after pleading.

Criminal facts

The main points of the judgment of the court below are as follows.

Application of Statutes

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment: Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 347 (1)

2. Aggravation of repeated crimes: The proviso to Article 35 and the proviso to Article 42 of the Criminal Act;

3. Aggravation of concurrent crimes: The former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

4. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

5. Calculation of days of detention: Article 57 of the Criminal Act.

6. Return of victims: It shall be decided as per Disposition for the reasons under Article 333 (1) of the Criminal Procedure Act.

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